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BILL NO. 54

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                An Act Respecting Cosmetology










                 
                                                               
                                                               
             The Honourable John D. S. MacEachern
                    Minister of Education


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
An Act Respecting Cosmetology



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Cosmetology Act.


         2  (1) In this Act,

                (a) "Association" means the Cosmetology Association of Nova Scotia;

                   (b)  "by-laws" means the by-laws of the Association;

                   (c)  "Committee" means the Provincial Examining and Licensing
              Committee established pursuant to this Act;

                   (d)  "cosmetology" means

                        (i)  the cutting, bleaching, colouring, dressing, curling, waving or
                   permanently waving, cleansing or the performance of similar work upon the
                   hair of any person either by hand or by the use of any mechanical application
                   or appliances,

                        (ii) the manicuring or pedicuring of the nails of a person or the
                   massaging, cleansing or beautifying of the scalp, face, neck, arms or legs of
                   a person either by hand or by the use of any mechanical application or
                   appliance or by the use of cosmetic preparations, creams or similar
                   preparations or compounds;

                   (e)  "Executive" means the Executive of the Association;

                   (f)  "licensed cosmetologist" means a person who is licensed pursuant to
              this Act;

                   (g)  "Minister" means the Minister of Education and Culture;

                   (h)  "Provincial Office" means the Provincial Office of the Association;

                   (i)  "Registrar" means the Registrar of the Association.

              (2)  For the purpose of this Act, a person practises cosmetology where that person
engages in cosmetology for fee, gain or reward.

              (3)  Nothing in this Act extends to or permits the use of x-rays by any person.


         3    The Minister is responsible for the general supervision and management of this Act.


         4    A person may be licensed to practise cosmetology in one or more of the following
capacities:

              (a)  a specific cosmetologist;

              (b)  a junior cosmetologist;

              (c)  a general cosmetologist;

              (d)  a master cosmetologist;

              (e)  a master cosmetologist instructor.


         5    (1)  Subject to this Section, no person shall practise cosmetology in any capacity
or hold out as being entitled to practise cosmetology in any capacity unless that person holds a
licence issued pursuant to this Act permitting that person to practise cosmetology in that
capacity.

              (2)  Each person who was, immediately before the coming into force of this Act,
the holder of a certificate issued pursuant to the Hairdressers Act is and is deemed to be, during
the two years immediately after this Act comes into force, the holder of a licence issued pursuant
to this Act permitting that person to carry on for two years immediately after this Act comes into
force the same activity as that person was permitted to do by the certificate.

              (3)  Nothing in this Act restricts or prevents any person permitted to carry on the
trade or business of a barber under the Registered Barbers Act from carrying on such business
as permitted by that Act.

              (4)  Notwithstanding anything contained in the Registered Barbers Act, any
licensed cosmetologist may engage in the occupation of haircutting for gain or reward.

              (5)  Nothing in this Section prohibits a person from engaging in cosmetology if
that person is engaging in cosmetology as an activity that is necessarily incidental to that person
carrying on an occupation or profession.

              (6)  Nothing in this Section prohibits a person from practising cosmetology in the
Province where that person is licensed to practise cosmetology by or pursuant to an enactment
of another province if that enactment permits a person licensed pursuant to this Act to carry on,
in that other province, the same activity as that person is permitted to carry on in the Province
by reason of being licensed pursuant to this Act.


         6    (1)  No person shall operate a place of business where cosmetology is practised
unless that person holds a licence to practise as a general cosmetologist or employs at that place
a person who holds such a licence.

              (2)  No person shall practise cosmetology in a residence unless the practice is
carried on in a room or rooms that are used exclusively for the practice of cosmetology.


         7    There is hereby established a body corporate to be known as the Cosmetology
Association of Nova Scotia.


         8    The membership of the Association consists of every licensed cosmetologist.


         9    There shall be an Executive of the Association which shall be composed of such
persons who are elected or appointed in such manner as prescribed in the by-laws and that has
such powers and shall perform such duties as are conferred or imposed on it by this Act or the
by-laws.


         10   (1)  Subject to subsection (2), the Association may exercise such powers as are
necessary or conducive to attaining the purpose of this Act and, without restricting the generality
of the foregoing, may

                   (a)  invest in such securities as are authorized by law for the investment of
              trust funds any money of the Association not required to defray expenses incurred
              pursuant to this Act and any income derived from the investments is part of the
              income of the Association;

                   (b)  acquire and take by purchase, donation, devise, bequest or otherwise,
              real and personal property and hold, enjoy, sell, mortgage, exchange, lease, let,
              improve and develop the same and erect and maintain buildings and structures;

                   (c)  subject to the approval of the Governor in Council, make by-laws not
              inconsistent with this Act respecting qualifications for membership in the
              Association and the conditions under which such membership is held, respecting
              qualifications required for a licence to practise cosmetology in any capacity, fees,
              the conduct of meetings, the composition and powers of the Executive and the
              internal management of the Association.

              (2)  Except as provided in this Act, neither the Association nor the Committee may,
by by-law or otherwise, regulate, govern, increase or in any manner interfere with the prices
charged for services provided in the practice of cosmetology or the opening and closing hours
of any establishment that is carried on for the purpose of the practice of cosmetology.


         11   The Provincial Office of the Association shall be located in either Halifax or
Dartmouth or at such other place in the Province as may, from time to time, be determined by
the by-laws or by a resolution of the Association.


         12   (1)  There shall be an examining and licensing committee in cosmetology to be
known as the Provincial Examining and Licensing Committee.

              (2)  The Committee consists of

                   (a)  two licensed cosmetologists appointed by the Governor in Council; and

                   (b)  three licensed cosmetologists elected by the membership of the
              Association.

              (3)  The members of the Committee appointed by the Governor in Council
pursuant to clause (2)(a) hold office for such period of time as the Governor in Council
determines.

              (4)  The members of the Committee referred to in clause (2)(b) shall be elected at
an annual general meeting from a list provided by the Executive in the manner provided in the
by-laws.

              (5)  The members of the Committee elected by the membership of the Association
pursuant to subsection (4) must be master cosmetologists who are not owners of schools of
cosmetology or instructors in schools of cosmetology.

              (6)  The members of the Committee elected by the membership pursuant to
subsection (4) hold office for such length of time as may be provided in the by-laws or for such
length of time, not to exceed three years, as the membership determine at the time they are
elected, and each member elected by the membership is eligible for re-election.

              (7)  In the event of the death or resignation or the termination of office of any
member of the Committee appointed by the Governor in Council pursuant to clause (2)(a), a
successor shall be appointed by the Governor in Council as soon as practicable.

              (8)  The Association shall pay to all members of the Committee such fees, salaries
and travelling expenses as may be fixed by the by-laws.

              (9)  Notwithstanding anything contained in this Section, the remaining members
of the Committee may appoint a substitute member to the Committee from a list provided by the
Executive

                   (a)  if a member is ill, to act during the term of such illness;

                   (b)  if a member dies, resigns or leaves the Province, to act until a
              successor is appointed or elected in accordance with this Act or the by-laws.

              (10) Where additional members are required for examination purposes, the
Committee may appoint additional members conditional upon the approval of the Executive.

              (11) The members of the Committee appointed pursuant to clause (2)(a) may serve
as examiners.


         13   (1)  Any person who desires to apply for a licence to practise cosmetology in one
or more capacities may do so by

                   (a)  satisfying the Committee that the person is over seventeen years of age;

                   (b)  satisfying the Committee, by passing the examinations held pursuant
              to this Act, that the person possesses the required skills and knowledge to properly
              perform all the duties pertaining to the practice of cosmetology and to observe the
              proper rules of sanitation and hygiene in connection with the practice of
              cosmetology; and

                   (c)  paying to the Association the fee prescribed by the by-laws.

              (2)  Before submitting to an examination held pursuant to this Act, a student shall
provide evidence satisfactory to the Committee that the student has been trained as a student in
cosmetology, in a registered school, for not less than one thousand two hundred and fifty hours
of theory and practical instructions under the supervision of a master cosmetology instructor.


         14   For examination purposes, the Committee may delegate a minimum number of
members to attend and carry out examinations with at least one member of the Committee
appointed by the Governor in Council being invited to attend as may be provided in the by-laws.


         15   (1)  The Committee shall hold examinations in cosmetology at least three times
a year, throughout the Province, at such times and places as the Committee determines and
every person who has applied for a licence pursuant to this Act shall receive at least thirty days'
notice of the time and place of the examination.

              (2)  The examinations shall be oral, written and practical demonstration.

              (3)  The scope of the examinations and the method of procedure shall be
prescribed by the Committee with a view to testing the ability in cosmetology of the person
applying for the licence pursuant to this Act and that person's knowledge of the sanitary
regulations in connection with the practice of cosmetology, the antiseptic preparation and
sterilization of tools and appliances and the protection of the public from infectious and
contagious diseases.

              (4)  The Committee shall accept input as to the scope of the examinations and the
methods of procedure from the Executive or a committee of the Executive consisting of
instructors and licensed salon owners as may be prescribed by the by-laws.

              (5)  Any person who fails to pass the examinations prescribed by the Committee
may, within thirty days of receipt of the results of the examinations, appeal to the Executive and
the Executive may take such action with respect to the appeal as the Executive considers
appropriate.


         16   (1)  Upon any person meeting the requirements set out in Section 13, the
Committee shall issue to that person a licence in such form as may be determined by the
Committee, signifying that that person is entitled to practise cosmetology in the Province in one
or more of those capacities that are set out in the licence.

              (2)  The Committee shall issue a specific licence to practise cosmetology in a
certain capacity, as the same is, from time to time, fixed and defined in the by-laws, upon the
person applying for the licence

                   (a)  satisfying the Committee, by passing the examinations as provided for
              by this Act, that the person possesses the requisite skill and knowledge properly to
              perform all the duties in the practice of cosmetology in that capacity and to observe
              the proper rules of sanitation and hygiene in connection with the practice of
              cosmetology in that capacity; and

                   (b)  paying to the Association the fee as prescribed in the by-laws.


         17   (1)  The holder of any licence issued pursuant to this Act shall keep the licence
and a list of prices posted at all times in a conspicuous place where the person practises
cosmetology.

              (2)  Any licence issued by the Committee, except as provided in this Act, remains
in force until the termination of the calendar year in which the licence is issued, but may renewed
from year to year, on payment to the Association of the renewal fee as prescribed in the by-laws.

              (3)  Where any person fails to renew a licence within two months of the date of the
expiry of the licence, the person's name shall be removed from the register and the licence shall
not be renewed nor shall such person be registered, until such time as the person has paid to the
Provincial Office the annual renewal fees and penalties for each year or portion thereof from the
date of expiry to the date of renewal.

              (4)  Where the licence of any person has lapsed for a period of three years or
more, the Committee shall, before issuing to that person a licence or renewal, require that
person to be examined by the Committee in the ordinary manner and on the ordinary terms as
provided in this Act, in lieu of payment of the renewal fees.

              (5)  A person whose name has been removed from the register of members may,
at the person's option, in lieu of payment of fees, submit to an examination by the Committee in
the ordinary manner and on the ordinary terms provided in this Act.


         18   Every proprietor, manager and instructor in any premises where cosmetology is
practised shall require every person who is a student to display a card in a conspicuous place
indicating that such person is a student.


         19   Every instructor in cosmetology in any registered school of cosmetology shall hold
a current master cosmetology instructor licence or interim cosmetology instructor's licence as
may be provided for in the by-laws.


         20   (1)  Subject to subsection (2), the Committee may amend, suspend or revoke any
licence upon the passing of a resolution by the Committee declaring that the holder of a licence
is, in the opinion of the Committee, unfit to have a licence by reason of

                   (a)  habitual drunkenness;

                   (b)  addiction to habit-forming drugs;

                   (c)  gross incompetence;

                   (d)  disease;

                   (e)  failure or neglect to keep the person's place of business in a clean and
              sanitary condition;

                   (f)  failure to comply with regulations made pursuant to the Health Act; or

                   (g)  conviction for an indictable offence under the Criminal Code (Canada).

              (2)  Prior to a licence being amended, suspended or revoked pursuant to
subsection (1), the holder of the licence shall be

                   (a)  notified, in writing, by personal service or registered mail, of the
              reasons for the suspension or revocation;

                   (b)  given a public hearing in the locality in which the person resides; and

                   (c)  permitted to make full answer and defence to all allegations made
              against that person and to have witnesses examined and cross-examined by counsel
              on behalf of the person.

              (3)  Any person whose licence has been either suspended for more than ninety
days or revoked may, after the expiration of ninety days, apply to the Committee to have the
licence re-issued upon proof satisfactory to the Committee that the person is a fit and proper
person to hold the licence and is otherwise qualified under this Act.


         21   Any person whose licence is suspended or revoked, or any person who feels
aggrieved or is affected by any order or decision of the Committee, may appeal to a judge of the
Supreme Court of Nova Scotia at any time within three months from the date of the suspension,
revocation, order or decision and the judge may make an order varying, confirming or revers-
ing, either in whole or in part, the suspension, revocation, order or decision appealed from.


         22   (1)  All notices and documents required by or for the purpose of this Act, when
sent by mail, shall be deemed to have been received at the time when the letter containing the
same would be delivered in the ordinary mail and, in proving such sending, it is sufficient to
prove that the letter containing the notice and documents was properly addressed and mailed.

              (2)  Such notices and documents, when sent to the Committee or the Association,
shall be deemed to be properly addressed if addressed to the Committee or the Association, as
the case may be, and, when sent to the person registered pursuant to this Act, is deemed to be
properly addressed if addressed to the person according to the person's address indicated in the
register of the Association.


         23   (1)  The Provincial Office shall keep a register in which shall be entered the names
and addresses of all persons to whom licences are issued pursuant to this Act. 

              (2)  The register shall be kept at the Provincial Office and shall at all reasonable
times be open to public inspection.

              (3)  The Executive may appoint a Registrar and fix the duties of that office and
remuneration for the person holding it.

              (4)  The Registrar holds office at the pleasure of the Executive.

              (5)  The Committee shall file, at the Provincial Office, for the information of the
public and members of the Association information relating to

                   (a)  the course of study and training to be followed by students;

                   (b)  particulars, at the Committee's discretion, with respect to the subject-matter and nature of examinations for licences;

                   (c)  particulars with respect to the standards for the premises,
              accommodations, facilities and equipment of cosmetology establishments and for
              the inspection thereof; and

                   (d)  periodic reports with respect to the duties, responsibilities, practises
              and procedures of the Committee.


         24   All moneys arising from fees under this Act shall be applied, in accordance with
such by-laws or regulations as may be made by the Association, towards defraying its expenses
incurred pursuant to this Act.


         25   The Association shall, when required to do so by the Minister, transmit to the
Minister a certified return of the affairs of the Association, under the seal of the Association, in
such form as may, from time to time, be required.


         26   The Committee, or any person or persons authorized in writing by the Committee,
may, from time to time, enter and inspect during business hours all places where cosmetology
is practised, or where any sign, card or other device is displayed indicating that cosmetology is
being practised, for the purpose of ascertaining whether the requirements of this Act or any other
laws respecting the conduct of the practice of cosmetology are being properly carried out.


         27   (1)  Any person who violates this Act or is guilty of an offence is liable, on
summary conviction, to a fine of not more than five hundred dollars for a first offence and not
more than one thousand dollars for a second or subsequent offence and, in default of payment,
to imprisonment for a first offence for a term not exceeding fourteen days and for a second or
subsequent offence to imprisonment for a term not exceeding thirty days.

              (2)  No prosecution under this Act shall be instituted without the consent of the
Minister of Justice.


         28   (1)  The Committee shall issue, according to the applicant's qualifications, a
licence to each qualified cosmetologist lawfully and actively engaged in the practice of
cosmetology immediately prior to the coming into force of this Act, if a request for the licence
is made within two years of the coming into force of this Act.

              (2)  The Committee shall issue a salon and school permit to each salon and school
owner or operator lawfully and actively operating a place of business where cosmetology is
practised immediately prior to the coming into force of this Act, if a request for the permit is
made within two years of the coming into force of this Act.


         29   (1)  All the property and rights of the Association of Nova Scotia Hairdressers are
vested in the Association.

              (2)  All the obligations of the Association of Nova Scotia Hairdressers are the
obligations of the Association.

              (3)  The Association of Nova Scotia Hairdressers is dissolved.


         30   Chapter 191 of the Revised Statutes, 1989, the Hairdressers Act, is repealed.


         31   This Act comes into force on such day as the Governor in Council orders and
declares by proclamation.